Terms and Conditions
Terms and Conditions (T&C) CREATIVE DIGITAL SAGL
- Subject Matter of the Terms and Conditions
These Terms and Conditions (T&C) govern the relationship between Creative Digital SAGL (hereinafter the “Provider”) and the customer (hereinafter the “Customer”) regarding the provision of digital, web, hosting, cloud, maintenance, and all related services.
1.2 Use of Services and Acceptance
The use, continuation, and enjoyment of Creative Digital SAGL’s services imply acceptance of these Terms and Conditions (T&C), in the version in effect at the time the service is provided.
1.3 Update to the Terms and Conditions
These Terms and Conditions may be updated from time to time to improve the clarity, transparency, and organization of our services. The updated version is always available on the official Creative Digital SAGL website, with the revision date indicated.
- Digital Services
2.1 Digital services include, but are not limited to: website development, e-commerce, web applications, mobile applications, graphic design, digital campaigns, social media activities, and other digital projects, including those involving the use of artificial intelligence technologies, as described in the estimate or commercial proposal.
2.2 The Provider may, at its discretion, use third-party software, plugins, and services—whether free or paid—to improve the performance and reliability of the service.
2.3 Any third-party licenses or services for which the Customer is responsible for payment will be listed in the main quote or in a separate quote.
2.4 The service includes only what is specified in the estimate and the technical attachments; anything not expressly mentioned is to be considered excluded.
- Web Hosting / Cloud Hosting Services
3.1 The hosting service is primarily provided on servers located in Switzerland, on infrastructure managed directly by the Provider or by third-party providers and specialized partners. Depending on the project’s requirements and at the Provider’s discretion, the service may also be provided through international infrastructure.
3.2 Upon request, the Customer may explicitly choose hosting in Switzerland, subject to a possible surcharge.
3.3 The service may include the registration, transfer, or management of a domain name.
3.4 The domain name is a service distinct from hosting, with its own expiration dates and costs set by the registrar, and is billed separately. Failure to renew the domain may, by its very nature, result in the interruption of the website and/or related email services.
3.5 Transferring particularly complex or large email accounts (more than 5,000 emails or more than 2 GB) may incur additional costs depending on the complexity of the operation.
3.6 The transfer of websites (files and settings) is generally quoted separately based on the size and type of the website, as well as the scope and complexity of the operation.
- Copyright and Intellectual Property
4.1 The Customer is the owner of the web domain associated with the services. In some cases, for operational reasons, the initial registration may be carried out by the Provider, who will subsequently transfer ownership to the Customer, provided there are no outstanding invoices.
4.2 The content provided by the Customer remains the Customer’s property; the Customer grants the Supplier a non-exclusive license to use the content for the purpose of providing the services.
4.3 The content created by the Supplier (code, graphics, text, photos, videos, effects) remains the intellectual property of the Supplier and is licensed to the Customer for use.
4.4 In the case of subscription services or software as a service (SaaS), the platform, licenses, automated systems, and content created by the Provider remain the property of the Provider.
4.5 The Customer is responsible for the cost of any third-party software licenses and services required to provide the services. However, the Supplier may, at its discretion and as a gesture of goodwill, grant the Customer free use of one or more licenses for the entire duration of the service. If specific, additional, or dedicated licenses are required, they will be billed separately.
4.6 The Supplier reserves the right to use the material produced for portfolio and promotional purposes.
- Term, Renewal, and Termination
5.1 Unless otherwise specified, contracts have a minimum term of 12 months and are automatically renewed.
5.2 Notice of cancellation must be provided in writing, including by email, at least 30 days before the end of the current period.
5.3 In the event of early termination, no refunds will be issued, and the amounts due through the end of the term remain payable.
5.4 In the event of nonpayment, even partial, the Supplier reserves the right to temporarily suspend services, even without prior notice, starting the day after the due date indicated on the invoice, in order to avoid uncovered costs.
- License Terms and Security
6.1 The Customer is granted a non-exclusive right to use the software and materials provided.
6.2 It is prohibited to copy, modify, distribute, or transfer the materials to third parties without written authorization.
6.3 Login credentials are personal and non-transferable.
6.4 The Customer is responsible for safeguarding their credentials and using appropriate and secure passwords.
- Payments
7.1 Payments must be made in accordance with the terms and deadlines specified in the estimate or invoice.
7.2 Recurring services must be paid for in advance, before the period of use begins.
7.3 In the event of a delay, the Supplier may charge late payment interest and temporarily suspend services.
7.4 Any additional work will be billed separately on a time-and-materials basis.
- Limitation of Liability
8.1 The Supplier is not liable for any work performed by the Customer or by third parties.
8.2 The Supplier shall not be liable for data loss, service disruptions, or damages caused by weak credentials, outdated software, malware, cyberattacks, force majeure events, or service disruptions by third-party providers.
8.3 The Supplier does not guarantee financial results, search engine rankings, online visibility, or increases in revenue.
8.4 Any repair, restoration, or safety measures made necessary by the Customer’s actions or omissions will be billed as additional charges.
8.5 Backup, monitoring, or security services, if provided, are provided in accordance with the standards of professional diligence and on a “best-effort” basis; the Provider does not guarantee the complete absence of data loss or service interruptions.
8.6 The Supplier is not liable for issues related to email delivery, blacklisting, spam filtering, sending limits, or IP reputation, as these depend on third-party providers and external policies.
8.7 To the fullest extent permitted by applicable law, the Supplier shall not be held liable for any damages, whether direct or indirect, arising from the use of the services. In any case, claims for compensation for loss of profits, loss of data, indirect or consequential damages, or reputational damages are expressly excluded.
8.8 If, for any reason, a total limitation of liability is deemed invalid or unenforceable, the Supplier’s liability shall in any case be limited exclusively to the amount actually paid by the Customer for the specific service that is the subject of the dispute, to the exclusion of any further claim, cause of action, or item of damage.
- Support and Service Level Agreement (SLA)
9.1 Standard support services are provided in a manner and within a timeframe consistent with the nature of the service and the Supplier’s operational availability.
9.2 Any guaranteed service levels, priority response times, or interventions with a defined level of urgency are governed exclusively by a separate document called the Service Level Agreement (SLA), which may be activated at the Customer’s request and is subject to specific signing and a fee.
9.3 In the absence of a signed Service Level Agreement, no response time, availability, or priority can be considered guaranteed.
9.4 Any SLA entered into supplements these T&C only with respect to the services expressly indicated therein, without extending or modifying the Supplier’s liabilities beyond what is provided for therein.
- Privacy and Data Protection
10.1 The Supplier processes personal data in compliance with Swiss law and the GDPR, where applicable.
10.2 The Customer remains responsible for ensuring that the data collected through its websites or applications complies with applicable regulations.
10.3 The Supplier implements appropriate security measures, but cannot guarantee absolute protection.
10.4 Data may be processed by third-party providers selected for their security and reliability.
- Applicable Law and Jurisdiction
These Terms and Conditions are governed by Swiss law. The exclusive place of jurisdiction is Lugano.
- Safeguard Clause
If any provision of these Terms and Conditions is deemed invalid, the remaining provisions shall remain fully valid and effective.
Last updated: September 30, 2025